96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0035

 

Introduced , by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. IV, Sec. 1
ILCON Art. IV, Sec. 2
ILCON Art. IV, Sec. 3
ILCON Art. IV, Sec. 4
ILCON Art. IV, Sec. 5
ILCON Art. IV, Sec. 6
ILCON Art. IV, Sec. 7
ILCON Art. IV, Sec. 8
ILCON Art. IV, Sec. 9
ILCON Art. IV, Sec. 10
ILCON Art. IV, Sec. 11
ILCON Art. IV, Sec. 14
ILCON Art. IV, Sec. 15

    Proposes to amend the Legislature Article of the Illinois Constitution. Places the State's legislative powers and duties in a unicameral General Assembly consisting of a Senate comprised of 177 members elected 3 each from 59 districts using cumulative voting. Makes conforming changes. Provides for redistricting through the Senate's adoption of one of the 3 highest-scored maps submitted by the public to a General Assembly-appointed commission. Provides a redistricting schedule and for the Secretary of State's selection of the highest-scored map when the Senate fails to adopt a map. Imposes term limits on members and leaders. Makes changes with respect to the passage of bills, the veto authority of the Governor, and member compensation. Authorizes the judicial branch to try persons impeached by the Senate. Effective upon being declared adopted and applicable to redistricting in 2011, to the election of General Assembly members in 2012, and to the operation of the General Assembly beginning on the second Wednesday in January 2013.


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A BILL FOR

 

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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5 SENATE CONCURRING HEREIN, that there shall be submitted to the
6 electors of the State for adoption or rejection at the general
7 election next occurring at least 6 months after the adoption of
8 this resolution a proposition to amend Article IV of the
9 Illinois Constitution by changing Sections 1, 2, 3, 4, 5, 6, 7,
10 8, 9, 10, 11, and 14 and by repealing Section 15 as follows:
 
11
ARTICLE IV
12
THE LEGISLATURE

13     (ILCON Art. IV, Sec. 1)
14 SECTION 1. LEGISLATURE - POWER AND STRUCTURE
15     The legislative power is vested in a General Assembly
16 consisting of a Senate comprised of 177 Senators and a House of
17 Representatives, elected by the electors from 59 Legislative
18 Districts and 118 Representative Districts.
19 (Source: Amendment adopted at general election November 4,
20 1980.)
 
21     (ILCON Art. IV, Sec. 2)
22 SECTION 2. LEGISLATIVE COMPOSITION

 

 

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1     (a) Three Senators shall be elected from each Legislative
2 District for terms of 4 years each. No Senator may serve for
3 more than 3 terms after 2012. No political party shall limit
4 its primary nomination process to fewer than 2 candidates for
5 Senator in any Legislative District, but this provision shall
6 not prevent a primary ballot from containing the name of a
7 single candidate in a Legislative District if only one
8 candidate runs for that office of Senator in that party. In
9 elections for Senators, including those for nomination, each
10 elector may cast 3 votes for one candidate or distribute them
11 equally among no more than 3 candidates. The candidates with
12 the highest number of votes shall be declared elected. One
13 Senator shall be elected from each Legislative District.
14 Immediately following each decennial redistricting, the
15 General Assembly by law shall divide the Legislative Districts
16 as equally as possible into three groups. Senators from one
17 group shall be elected for terms of four years, four years and
18 two years; Senators from the second group, for terms of four
19 years, two years and four years; and Senators from the third
20 group, for terms of two years, four years and four years. The
21 Legislative Districts in each group shall be distributed
22 substantially equally over the State.
23     (b) Each Legislative District shall be divided into two
24 Representative Districts. In 1982 and every two years
25 thereafter one Representative shall be elected from each
26 Representative District for a term of two years.

 

 

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1     (c) To be eligible to serve as a member of the Senate
2 General Assembly, a person must be a United States citizen and ,
3 at least 21 years old. A candidate for the Senate must be a
4 resident of the district he or she is to represent for the 2
5 years preceding his or her election. In the general election
6 following a redistricting, a candidate for the Senate may be
7 elected from any district that contains a part of the district
8 in which he or she resided at the time of the redistricting and
9 reelected if a resident of the new district he or she
10 represents for 18 months prior to reelection. , and for the two
11 years preceding his election or appointment a resident of the
12 district which he is to represent. In the general election
13 following a redistricting, a candidate for the General Assembly
14 may be elected from any district which contains a part of the
15 district in which he resided at the time of the redistricting
16 and reelected if a resident of the new district he represents
17 for 18 months prior to reelection.
18     (c) (d) Within 30 thirty days after a vacancy occurs, it
19 shall be filled by appointment as provided by law. The If the
20 vacancy is in a Senatorial office with more than twenty-eight
21 months remaining in the term, the appointed Senator shall serve
22 until the next general election, at which time a Senator shall
23 be elected to serve for the remainder of the term. If the
24 vacancy is in a Representative office or in any other
25 Senatorial office, the appointment shall be for the remainder
26 of the term. An appointee to fill a vacancy shall be a member

 

 

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1 of the same political party as the person he or she succeeds
2 and must meet all other requirements to serve as a member of
3 the Senate as listed in subsection (b). For the purposes of
4 subsection (a), a person who fills a vacancy shall be
5 considered to have served a full term.
6     (d) (e) No member of the Senate General Assembly shall
7 receive compensation as a public officer or employee from any
8 other governmental entity for time during which he or she is in
9 attendance as a member of the Senate General Assembly.
10     No member of the Senate General Assembly during the term
11 for which he or she was elected or appointed shall be appointed
12 to a public office which shall have been created or the
13 compensation for which shall have been increased by the Senate
14 General Assembly during that term.
15 (Source: Amendment adopted at general election November 4,
16 1980.)
 
17     (ILCON Art. IV, Sec. 3)
18 SECTION 3. LEGISLATIVE REDISTRICTING
19     (a) Legislative Districts shall be compact, be contiguous,
20 be substantially equal in population, reflect minority voting
21 strengths, promote competition, and consider political
22 boundaries. The General Assembly shall establish by law a
23 method to determine a score for any map for Legislative
24 Districts.
25     (b) A Legislative Redistricting Commission shall be

 

 

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1 constituted by March 1 of the year following each federal
2 decennial census year. The Commission shall consist of 8
3 members, no more than 4 of whom shall be members of the same
4 political party. The Senate President and Senate Minority
5 Leader shall each appoint 4 persons to the Commission. For the
6 redistricting process in 2011 only, 4 members of the Commission
7 must be members of the Illinois House of Representatives.
8     (c) The members of the Commission shall be certified to the
9 Secretary of State by the appointing authorities. A vacancy on
10 the Commission shall be filled within 5 days by the authority
11 that made the original appointment. A Chairman and Vice
12 Chairman shall be chosen by a majority of all members of the
13 Commission. The Commission shall provide to the public data and
14 tools to create Legislative Districts not later than April 7.
15 The Commission shall accept maps for the redistricting of
16 Legislative Districts through May 7.
17     (d) The Commission shall evaluate all submitted maps
18 according to the criteria set forth in subsection (a) as
19 implemented by law and assign each map a score. The Commission
20 shall eliminate maps that fail to meet federal and State law
21 and shall eliminate maps that are substantially the same
22 geographically as other maps of equal or better score. Not
23 later than May 22, the Commission shall give to the Senate the
24 maps for Legislative Districts with the 3 best scores.
25     (e) The Senate, by a record vote of three-fifths of the
26 members elected, may adopt a redistricting resolution from the

 

 

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1 3 maps for Legislative Districts submitted by the Commission.
2 If the Senate has failed to file a redistricting resolution by
3 June 30, the Secretary of State shall certify the redistricting
4 map for Legislative Districts that received the best score from
5 the Commission. In the event of multiple maps with the same
6 best high score, the map to be certified shall be selected at
7 random.
8     (f) A redistricting resolution or redistricting map filed
9 with the Secretary of State shall be presumed valid, shall have
10 the force and effect of law, and shall be published promptly by
11 the Secretary of State.
12     (g) The Illinois Supreme Court shall have original and
13 exclusive jurisdiction over actions concerning redistricting
14 the General Assembly. Aggrieved individuals shall be entitled
15 to file objections with the Legislative Redistricting
16 Commission (i) for the Commission's failure to perform duties
17 associated with any portion of this Section or (ii) if their
18 maps were scored inconsistently with this Section or eliminated
19 unfairly. The aggrieved individual shall be entitled to
20 judicial review of any complaint filed with the Commission. (a)
21 Legislative Districts shall be compact, contiguous and
22 substantially equal in population. Representative Districts
23 shall be compact, contiguous, and substantially equal in
24 population.
25     (b) In the year following each Federal decennial census
26 year, the General Assembly by law shall redistrict the

 

 

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1 Legislative Districts and the Representative Districts.
2     If no redistricting plan becomes effective by June 30 of
3 that year, a Legislative Redistricting Commission shall be
4 constituted not later than July 10. The Commission shall
5 consist of eight members, no more than four of whom shall be
6 members of the same political party.
7     The Speaker and Minority Leader of the House of
8 Representatives shall each appoint to the Commission one
9 Representative and one person who is not a member of the
10 General Assembly. The President and Minority Leader of the
11 Senate shall each appoint to the Commission one Senator and one
12 person who is not a member of the General Assembly.
13     The members shall be certified to the Secretary of State by
14 the appointing authorities. A vacancy on the Commission shall
15 be filled within five days by the authority that made the
16 original appointment. A Chairman and Vice Chairman shall be
17 chosen by a majority of all members of the Commission.
18     Not later than August 10, the Commission shall file with
19 the Secretary of State a redistricting plan approved by at
20 least five members.
21     If the Commission fails to file an approved redistricting
22 plan, the Supreme Court shall submit the names of two persons,
23 not of the same political party, to the Secretary of State not
24 later than September 1.
25     Not later than September 5, the Secretary of State publicly
26 shall draw by random selection the name of one of the two

 

 

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1 persons to serve as the ninth member of the Commission.
2     Not later than October 5, the Commission shall file with
3 the Secretary of State a redistricting plan approved by at
4 least five members.
5     An approved redistricting plan filed with the Secretary of
6 State shall be presumed valid, shall have the force and effect
7 of law and shall be published promptly by the Secretary of
8 State.
9     The Supreme Court shall have original and exclusive
10 jurisdiction over actions concerning redistricting the House
11 and Senate, which shall be initiated in the name of the People
12 of the State by the Attorney General.
13 (Source: Amendment adopted at general election November 4,
14 1980.)
 
15     (ILCON Art. IV, Sec. 4)
16 SECTION 4. ELECTION
17     (a) At the general election in 2012, odd-numbered
18 Legislative Districts shall have elections for 2-year terms and
19 even-numbered Legislative Districts shall have elections for
20 4-year terms. Thereafter, all Senators shall be elected for
21 4-year terms.
22     (b) The requirements for a person to be listed on the
23 ballot for election as Senator shall be the same regardless of
24 political affiliation or non-affiliation. Members of the
25 General Assembly shall be elected at the general election in

 

 

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1 even-numbered years.
2 (Source: Illinois Constitution.)
 
3     (ILCON Art. IV, Sec. 5)
4 SECTION 5. SESSIONS
5     (a) The Senate General Assembly shall convene each year on
6 the second Wednesday of January following each general
7 election. The Senate General Assembly shall be a continuous
8 body during the succeeding 2-year term for which members of the
9 House of Representatives are elected.
10     (b) The Governor may convene the General Assembly or the
11 Senate alone in special session by a proclamation stating the
12 purpose of the session; and only business encompassed by such
13 purpose, together with any impeachments or confirmation of
14 appointments shall be transacted. Special sessions of the
15 Senate General Assembly may also be convened by a joint
16 proclamation of the presiding officer of the Senate officers of
17 both houses, issued as provided by law.
18     (c) Sessions of the Senate each house of the General
19 Assembly and meetings of committees, joint committees and
20 legislative commissions shall be open to the public. Sessions
21 of the Senate and meetings of Senate committees and legislative
22 commissions and committee meetings of a house may be closed to
23 the public if two-thirds of the members elected to that house
24 determine that the public interest so requires; and meetings of
25 joint committees and legislative commissions may be so closed

 

 

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1 if two-thirds of the members elected to each house so
2 determine.
3 (Source: Illinois Constitution.)
 
4     (ILCON Art. IV, Sec. 6)
5 SECTION 6. ORGANIZATION
6     (a) A majority of the members elected to the Senate each
7 house constitutes a quorum.
8     (b) On the first day of the January session following each
9 general election, of the General Assembly in odd-numbered
10 years, the Secretary of State shall convene the House of
11 Representatives to elect from its membership a Speaker of the
12 House of Representatives as presiding officer, and the Governor
13 shall convene the Senate to elect from its membership a
14 President of the Senate as presiding officer. No person may
15 hold the same leadership position for more than 2 terms. A
16 "leadership position" is defined as President of the Senate,
17 Majority Leader, Minority Leader, Committee Chairperson, or
18 Committee Minority Spokesperson.
19     (c) For purposes of powers of appointment conferred by this
20 Constitution, the Minority Leader of either house is a member
21 of the numerically strongest political party other than the
22 party to which the Speaker or the President belongs, as the
23 case may be.
24     (d) The Senate Each house shall determine the rules of its
25 proceedings, judge the elections, returns, and qualifications

 

 

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1 of its members, and choose its officers. No member shall be
2 expelled by the Senate either house, except by a vote of
3 two-thirds of the members elected to that house. A member may
4 be expelled only once for the same offense. The Senate Each
5 house may punish by imprisonment any person, not a member,
6 guilty of disrespect to the Senate house by disorderly or
7 contemptuous behavior in its presence. Imprisonment shall not
8 extend beyond 24 twenty-four hours at one time unless the
9 person persists in disorderly or contemptuous behavior.
10 (Source: Illinois Constitution.)
 
11     (ILCON Art. IV, Sec. 7)
12 SECTION 7. TRANSACTION OF BUSINESS
13     (a) Committees of each house, joint committees of the two
14 houses and legislative commissions of the Senate shall give
15 reasonable public notice of meetings, including a statement of
16 subjects to be considered.
17     (b) The Senate Each house shall keep a journal of its
18 proceedings and a transcript of its debates. The journal shall
19 be published and the transcript shall be available to the
20 public.
21     (c) The Senate Either house or any committee thereof as
22 provided by law may compel by subpoena the attendance and
23 testimony of witnesses and the production of books, records,
24 and papers.
25 (Source: Illinois Constitution.)
 

 

 

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1     (ILCON Art. IV, Sec. 8)
2 SECTION 8. PASSAGE OF BILLS
3     (a) The enacting clause of the laws of this State shall be:
4 "Be it enacted by the People of the State of Illinois,
5 represented in the Senate General Assembly."
6     (b) The Senate General Assembly shall enact laws only by
7 bill. Bills may originate in either house, but may be amended
8 or rejected by the other.
9     (c) No bill shall become a law without the concurrence of a
10 majority of the members elected to the Senate each house. Final
11 passage of a bill shall be by record vote. At In the Senate at
12 the request of 2 two members, and in the House at the request
13 of five members, a record vote may be taken on any other
14 occasion. A record vote is a vote by yeas, and nays, and
15 abstentions entered on the journal. Abstentions shall not count
16 towards the total number of votes.
17     (d) A bill shall be read by title on 3 three different days
18 in each house. A bill and each amendment thereto shall be
19 reproduced and placed on the desk of each member before final
20 passage.
21     (e) No bill shall receive its final vote unless it has been
22 public in its final form for 7 calendar days, which includes
23 posting of the bill on the General Assembly's website.
24     (f) Each bill must be substantially similar to its
25 condition when introduced. If amendments have significantly

 

 

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1 altered the nature of the bill, it must be reintroduced as a
2 new bill and meet all of the requirements of a new bill.
3     (g) Bills, except bills for appropriations and for the
4 codification, revision, or rearrangement of laws, shall be
5 confined to one subject. Appropriation bills shall be limited
6 to the subject of appropriations.
7     (h) A bill expressly amending a law shall set forth
8 completely the sections amended.
9     (i) Any bill shall be called for a vote within 14 calendar
10 days upon the motion of at least 25 Senators.
11     (j) The Speaker of the House of Representatives and the
12 President of the Senate shall sign each bill that passes both
13 houses to certify that the procedural requirements for passage
14 have been met.
15 (Source: Illinois Constitution.)
 
16     (ILCON Art. IV, Sec. 9)
17 SECTION 9. VETO PROCEDURE
18     (a) Every bill passed by the Senate General Assembly shall
19 be presented to the Governor within 30 calendar days after its
20 passage. The foregoing requirement shall be judicially
21 enforceable. If the Governor approves the bill, he or she shall
22 sign it and it shall become law.
23     (b) If the Governor does not approve the bill, he or she
24 shall veto it by returning it with his or her objections to the
25 Senate house in which it originated. Any bill not so returned

 

 

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1 by the Governor within 60 calendar days after it is presented
2 to him or her shall become law. If recess or adjournment of the
3 Senate General Assembly prevents the return of a bill, the bill
4 and the Governor's objections shall be filed with the Secretary
5 of State within such 60 calendar days. The Secretary of State
6 shall return the bill and objections to the Senate originating
7 house promptly upon the next meeting of the Senate same General
8 Assembly at which the bill can be considered.
9     (c) The Senate house to which a bill is returned shall
10 immediately enter the Governor's objections upon its journal.
11 If within 15 calendar days after such entry the Senate that
12 house by a record vote of three-fifths of the members elected
13 passes the bill, it shall be delivered immediately to the
14 second house. If within 15 calendar days after such delivery
15 the second house by a record vote of three-fifths of the
16 members elected passes the bill, it shall become law.
17     (d) The Governor may reduce or veto any item of
18 appropriations in a bill presented to him or her, using the
19 line-item veto power. Portions of a bill not reduced or vetoed
20 shall become law. An item vetoed shall be returned to the
21 Senate house in which it originated and may become law in the
22 same manner as a vetoed bill. An item reduced in amount shall
23 be returned to the Senate house in which it originated and may
24 be restored to its original amount in the same manner as a
25 vetoed bill except that the required record vote shall be a
26 majority of the members elected to the Senate each house. If a

 

 

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1 reduced item is not so restored, it shall become law in the
2 reduced amount.
3     (e) The Governor shall have no power of veto over
4 initiative or referendum proposed by the citizens of the State.
5 The Governor may return a bill together with specific
6 recommendations for change to the house in which it originated.
7 The bill shall be considered in the same manner as a vetoed
8 bill but the specific recommendations may be accepted by a
9 record vote of a majority of the members elected to each house.
10 Such bill shall be presented again to the Governor and if he
11 certifies that such acceptance conforms to his specific
12 recommendations, the bill shall become law. If he does not so
13 certify, he shall return it as a vetoed bill to the house in
14 which it originated.
15 (Source: Illinois Constitution.)
 
16     (ILCON Art. IV, Sec. 10)
17 SECTION 10. EFFECTIVE DATE OF LAWS
18     The Senate General Assembly shall provide by law for a
19 uniform effective date for laws passed prior to June 1 of a
20 calendar year. The Senate General Assembly may provide for a
21 different effective date in any law passed prior to June 1. A
22 bill passed after May 31 shall not become effective prior to
23 June 1 of the next calendar year unless the Senate General
24 Assembly by the vote of three-fifths of the members elected to
25 each house provides for an earlier effective date.

 

 

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1 (Source: Amendment adopted at general election November 8,
2 1994.)
 
3     (ILCON Art. IV, Sec. 11)
4 SECTION 11. COMPENSATION AND ALLOWANCES
5     A member shall receive a salary and allowances as provided
6 by law, but changes in the salary of a member shall not take
7 effect during the term for which he or she has been elected.
8 Salary and allowances for Senators cannot be changed without a
9 bill passing the Senate consistent with this Article.
10 (Source: Illinois Constitution.)
 
11     (ILCON Art. IV, Sec. 14)
12 SECTION 14. IMPEACHMENT
13     (a) The Senate shall have the sole power of impeachment,
14 but a majority of the members elected must concur therein.
15 Proceedings may be initiated in either a regular session or a
16 special session of the Senate.
17     (b) A resolution of impeachment shall give reasonable
18 notice of the acts or omissions alleged to constitute
19 impeachable offenses but need not conform to any particular
20 style. Upon the adoption of a resolution of impeachment, a
21 notice of an impeachment of any officer, other than a Judge of
22 the Supreme Court, shall be served upon the Chief Justice by
23 the Secretary of the Senate. The Chief Justice shall call a
24 session of the Supreme Court to meet at the Capitol in an

 

 

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1 expeditious fashion after receiving such notice to try the
2 impeachment. A notice of an impeachment of any Judge of the
3 Supreme Court shall be served by the Secretary of the Senate
4 upon the clerk of the judicial district within which the
5 Capitol is located. The clerk of the judicial district shall
6 choose at random seven Judges of the District Courts in the
7 State to meet within 30 days at the Capitol to sit as a Court to
8 try such impeachment. This Court shall organize by electing one
9 of its number to preside.
10     (c) The case against the impeached civil officer shall be
11 brought in the name of the General Assembly and shall be
12 managed by 2 Senators appointed by the Senate. The 2 Senators
13 may make technical or procedural amendments to the articles of
14 impeachment, as they deem necessary. The trial shall be
15 conducted in the manner of a civil proceeding, and the
16 impeached civil officer shall not be allowed to invoke a
17 privilege against self-incrimination, except as otherwise
18 applicable in a general civil case.
19     (d) No person shall be convicted without the concurrence of
20 two-thirds of the members of the Court of impeachment that
21 clear and convincing evidence exists indicating that the person
22 committed one or more impeachable offenses. Judgment in cases
23 of impeachment shall not extend further than removal from
24 office and disqualification to hold and enjoy any office of
25 honor, profit, or trust in this State. The person impeached,
26 whether convicted or acquitted, may still be subject to

 

 

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1 separate prosecution and punishment according to law. No
2 officer may exercise official duties after impeachment and
3 notice until the officer is acquitted. The House of
4 Representatives has the sole power to conduct legislative
5 investigations to determine the existence of cause for
6 impeachment and, by the vote of a majority of the members
7 elected, to impeach Executive and Judicial officers.
8 Impeachments shall be tried by the Senate. When sitting for
9 that purpose, Senators shall be upon oath, or affirmation, to
10 do justice according to law. If the Governor is tried, the
11 Chief Justice of the Supreme Court shall preside. No person
12 shall be convicted without the concurrence of two-thirds of the
13 Senators elected. Judgment shall not extend beyond removal from
14 office and disqualification to hold any public office of this
15 State. An impeached officer, whether convicted or acquitted,
16 shall be liable to prosecution, trial, judgment and punishment
17 according to law.
18 (Source: Illinois Constitution.)
 
19     (ILCON Art. IV, Sec. 15)
20 SECTION 15. ADJOURNMENT (REPEALED)
21     (a) When the General Assembly is in session, neither house
22 without the consent of the other shall adjourn for more than
23 three days or to a place other than where the two houses are
24 sitting.
25     (b) If either house certifies that a disagreement exists

 

 

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1 between the houses as to the time for adjourning a session, the
2 Governor may adjourn the General Assembly to a time not later
3 than the first day of the next annual session.
4 (Source: Illinois Constitution.)
 
5
SCHEDULE
6     This Constitutional Amendment takes effect upon being
7 declared adopted in accordance with Section 7 of the Illinois
8 Constitutional Amendment Act and applies to redistricting
9 beginning in 2011, to the election of General Assembly members
10 beginning in 2012, and to the operation of the General Assembly
11 beginning on the second Wednesday in January 2013.
12     Should any part of this Amendment be rendered or declared
13 invalid by a court of competent jurisdiction of the State of
14 Illinois or the United States, that invalidation of the part or
15 portion of this Amendment should not invalidate the remaining
16 portions of this Amendment, and they shall remain in full force
17 and effect.